Hartung v. Montana State Fund [03/15/16] 2016 MTWCC 3 This Court rejected the claimant’s contention that the insurer’s claims adjuster exerted undue influence over him, leading him to settle his claim.  The claimant and the claims adjuster did not have a “confidential relationship” in light of the fact that the claimant expressed some dissatisfaction over the handling of his claim and his fiancée participated in resolving issues surrounding his claim.

[1999] Frazer v. Montana State Fund [07/20/05] 2005 MTWCC 41 To reopen a settlement based on undue influence, the claimant must prove “(1) the use by one in whom a confidence is reposed by another or who holds a real or apparent authority over him of such confidence or authority for the purpose of obtaining an unfair advantage over him; (2) taking an unfair advantage of another's weakness of mind; or (3) taking a grossly oppressive and unfair advantage of another's necessities or distress.”